매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, on June 8, 2018, remitted KRW 37,500,000 to the Defendant’s account under the name of the Defendant, and the Defendant, on the same day, remitted KRW 37,50,000 to the account under the name of C Co., Ltd. (hereinafter “C”).
On July 4, 2018, the Plaintiff remitted KRW 37,500,000 to the Defendant’s account under the name of the Defendant, and the Defendant wired KRW 35,000,000 to the Defendant’s account under C’s name on the same day.
On July 6, 2018, the Plaintiff remitted KRW 60,000,000 to the Defendant’s account under the name of the Defendant. On the same day, the Defendant remitted KRW 70,000,000 to C’s account.
[Grounds for recognition] Evidence No. 1, Eul No. 1 and No. 2, and the purport of the whole pleadings
2. Determination
A. A. A summary of the Plaintiff’s assertion of the grounds for selective claims (1) The Plaintiff asserted restitution following the return of principal or the cancellation of delegation contract pursuant to the principal guarantee agreement between the Defendant and the Defendant, and when the Plaintiff pays part of the purchase price to the Defendant, which is new shares of D Co., Ltd. (hereinafter “D”) to purchase and dispose of the new shares, the Defendant entered into a delegation agreement with the Defendant to purchase and pay the Plaintiff the disposal price, and thereafter, the Defendant paid KRW 135,00,000 as the purchase price under the delegation agreement.
Meanwhile, at the time of the conclusion of the delegation contract, the Defendant promised to guarantee the principal paid to the Plaintiff as the purchase price.
In accordance with the delegation contract above, the Defendant was obligated to acquire D’s preemptive rights for new shares and dispose of them and pay the Plaintiff the price for the disposal thereof. However, the Plaintiff did not comply with the contract by the lapse of the agreed date. As such, the Plaintiff expressed its intent to cancel the delegation contract on May 7, 2020 by serving the duplicate of the complaint of this case or the document prepared by the Plaintiff.
Therefore, the defendant paid to the plaintiff 135,000,000 won to the defendant due to the return of principal pursuant to the principal guarantee agreement at the time of the conclusion of the above delegation contract or the restoration to original state following the cancellation of the above delegation contract.